Sell Your House Privately in New South Wales

New South Wales: What You Need to Know

NSW private sellers should have the contract for sale prepared before advertising. This is a major practical difference from a generic "advertise first, sort out paperwork later" approach.

Contract must be prepared before advertising

NSW Government guidance states that a lawyer or licensed conveyancer must prepare the contract before the property is advertised.

The contract package includes prescribed material. NSW Government identifies items such as:

• title search/property certificate;
• registered plan;
• relevant dealings recorded on title, such as easements;
• drainage diagram;
• current section 10.7 zoning certificate, commonly used as the council planning certificate;
• prescribed statement about buyer cooling-off rights;
• additional swimming/spa-pool documents where applicable.

Failing to attach required disclosure documents can give the buyer statutory rights, so do not build a private-sale workflow that allows NSW property advertising without confirming that the contract is ready.

Exchange of contracts

NSW Government describes exchange as the critical point at which signed counterparts are exchanged and the buyer and seller become legally bound, subject to applicable buyer cooling-off rights.

Before exchange, negotiations can continue and the seller can choose whether to accept an offer. Once exchange occurs, the seller does not have a cooling-off right.

Buyer cooling-off

For ordinary residential private-treaty sales, NSW Government states that the buyer usually has a 5 working day cooling-off period following exchange.

The period can be waived, reduced or extended by negotiation. A buyer can waive cooling-off using the required certificate process involving their lawyer/conveyancer.

There is generally no buyer cooling-off period for an auction purchase or a contract exchanged on the same day after the property is passed in at auction in the circumstances described by NSW law.

Deposit

NSW Government guidance states that the contractual deposit is commonly 10%, unless another amount is agreed. Where contracts exchange subject to cooling-off, the buyer may pay 0.25% on exchange, with the balance of the agreed deposit payable by the required time. If the buyer validly rescinds during cooling-off, 0.25% of the purchase price is forfeited to the seller.

Settlement

NSW Government states that settlements are conducted electronically through the eConveyancing system and the parties need representation by solicitors or conveyancers who are subscribers. A commonly used settlement period is around six weeks after exchange, but another period can be negotiated.

New South Wales Private Seller Checklist

• Engage a NSW solicitor or licensed conveyancer before advertising.
• Prepare the contract for sale and prescribed documents.
• Include pool compliance material where applicable.
• Confirm inclusions and exclusions.
• Establish the asking-price strategy.
• Publish only accurate property claims.
• Manage inspections and buyer enquiries.
• Compare price and conditions for each offer.
• Understand exchange of contracts.
• Understand the 5-working-day cooling-off framework and exceptions.
• Confirm deposit arrangements with the legal representative.
• Prepare for electronic settlement.

NSW official sources

• NSW Government - Selling property in NSW
• NSW Government - Steps to selling a property
• NSW Fair Trading
• NSW Legislation
• NSW Land Registry Services
• Revenue NSW

Overview

Selling a home privately means the owner manages the buyer-facing sales campaign instead of appointing a traditional selling agent. Depending on the tools and package used, that can include preparing the property, researching an asking price, creating the advertisement, publishing photographs and property information, responding to enquiries, arranging inspections, communicating with buyers and receiving offers.

Private selling does not remove the legal process involved in transferring real property. Contracts, seller disclosure, cooling-off rules, deposit arrangements and settlement requirements differ between Australian states and territories. A conveyancer or solicitor should be engaged early enough to prepare or review the documents required for the relevant jurisdiction and to guide the owner through the legal transaction.

• The owner controls the sale campaign, property presentation, advertising, enquiries, inspections, negotiations and commercial decisions
• PLBO provides the listing, marketing and buyer-connection tools available within the selected package
• The conveyancer or solicitor deals with legal documents, disclosure, contract wording, legal conditions and settlement process
• Other professionals may be needed for valuation, taxation, building, pest, planning, engineering or financial matters where relevant

1. Confirm Exactly What Is Being Sold

Before advertising, confirm the property basic facts. These details flow into the advertisement, contract and disclosure material.

• registered owner names
• property address
• title or lot and plan details
• land area and, where available, building area
• property type, accommodation and parking
• fixtures and fittings intended to remain
• items the seller intends to remove
• current tenancy or occupancy status
• known easements, encumbrances or matters for the conveyancer or solicitor
• recent additions, renovations, pools, sheds or other improvements that may need approval or record checks

Marketing information should be factual. If a buyer asks about zoning, development potential, title rights, building compliance or another technical matter, do not guess. Direct the buyer to the relevant source or professional.

2. Engage a Conveyancer or Solicitor Early

Private selling removes the traditional selling agent; it does not remove conveyancing.

Engaging a conveyancer or solicitor early gives the owner time to identify the correct state or territory sale documents, order title and property searches, prepare seller disclosure material, prepare or review the contract of sale, understand cooling-off rules, confirm deposit handling, deal with buyer-requested special conditions and prepare for settlement.

In some jurisdictions, documents must be prepared or available before the property is advertised or before the buyer signs a contract. Legal preparation should not be left until after a buyer makes an offer.

3. Establish an Evidence-based Asking Price

A private seller needs a defensible pricing process. Start with recent settled comparable sales, not only properties currently advertised for sale.

Useful comparables generally share important characteristics with the property being sold: suburb or local market, property type, land size, building size, bedrooms, bathrooms, parking, age, condition, renovations, street position, views, school zones or local amenities where genuinely relevant, and date of sale.

A listed asking price is what another seller hopes to achieve. A settled sale is stronger evidence of what a buyer actually paid. Where the property is unusual, there are few comparable sales, or the seller needs an independent opinion, a qualified valuer may be appropriate.

4. Choose the Sale Method

The common residential methods are private treaty and auction, although terminology and legal consequences vary by jurisdiction.

Private treaty means the seller advertises a price or price strategy and negotiates directly with interested buyers. Offers may include finance, building or pest inspection conditions or a requested settlement period.

Auction rules are state or territory specific. An auction is not simply a private-treaty sale with public bidding. It can change buyer cooling-off rights and whether conditions such as finance can be included. If an owner intends to run an auction, obtain jurisdiction-specific advice and use an appropriately authorised auctioneer where required.

5. Prepare the Property for Market

A well-presented property is easier for buyers to understand and compare.

• declutter rooms and storage areas
• complete obvious minor repairs
• clean kitchens, bathrooms, windows and floors
• improve lighting where possible
• tidy gardens, entries and outdoor areas
• remove or secure valuable and highly personal items
• make sure the advertised property accurately reflects what buyers will inspect

The goal is not to disguise defects. Presentation should make the home easy to assess while advertising remains accurate.

6. Prepare Photographs and Advertising Copy

The listing should quickly answer the buyer's main questions: what is the property, where is it, what does it offer and why should the buyer inspect it?

Include accurate information about accommodation, verified land and floor area, major improvements, parking, outdoor areas, heating or cooling, significant features, objective location benefits, inspection arrangements and permitted price wording.

Avoid unverified statements such as subdividable, development approved, guaranteed rental return or similar claims unless the supporting facts have been properly verified.

7. Launch the Listing and Manage Enquiries

Once the listing is live, establish a consistent enquiry process.

• buyer name and contact information
• questions asked
• requested documents or information
• inspection attendance
• follow-up communications
• offers and material conditions

Respond promptly, but do not feel pressured to answer legal or technical questions immediately. It is better to verify information than give an incorrect answer a buyer may rely upon.

8. Run Safe and Effective Inspections

For open inspections or private appointments, secure valuables, medication, documents and keys; remove sensitive personal information from view; consider removing pets; identify trip hazards; control access to restricted areas; record attendees where appropriate; and follow up genuine enquiries afterwards.

Keep inspection feedback. Repeated buyer comments can help identify whether the market is reacting to price, presentation or a particular property issue.

9. Receive and Compare Offers Properly

A strong offer is not always the offer with the highest headline price.

Compare offered price, deposit proposal, finance condition, building or pest inspection conditions, sale-of-another-property condition, settlement date, inclusions, exclusions, special conditions, expiry time and certainty of the buyer position.

Record important negotiations in writing and send proposed legal wording to the conveyancer or solicitor before accepting unfamiliar special conditions.

10. Understand When Negotiation Becomes a Legal Sale

An enquiry, message, expression of interest or offer submitted through a listing platform should not automatically be treated as completion of the legal property sale.

The point at which the parties become legally bound depends on the jurisdiction and the contract process. The conveyancer or solicitor should guide the seller through signing, exchange, acceptance or other formal requirements.

11. Deal with Cooling-off and Contractual Conditions

Cooling-off rules are not uniform across Australia. Some jurisdictions have statutory buyer cooling-off periods for private-treaty residential sales. Others do not have a mandatory statutory cooling-off period. Auctions can also operate differently.

A finance condition does not mean the same thing as cooling-off. Finance, building, pest and other special conditions are contractual rights and should be tracked separately.

12. Deposit Arrangements

Do not assume a deposit should simply be paid into the seller's personal bank account.

The appropriate handling of a deposit depends on the contract, jurisdiction and transaction structure. The conveyancer or solicitor should tell the parties how and when the deposit is to be paid and held.

13. Prepare for Settlement

• complete agreed contractual obligations
• keep the property in the required condition
• remove excluded possessions and rubbish
• arrange keys and access devices
• allow any contractual final inspection
• resolve agreed adjustments or outstanding matters through the conveyancer or solicitor
• follow the legal representative's instructions for settlement and handover

Settlement is the point at which the legal transfer is completed and the balance of the purchase price is dealt with according to the transaction.

How PLBO Can Help

PLBO can help owners advertise their property, present listing information, receive direct buyer enquiries and manage the buyer-facing campaign using available platform tools.

PLBO does not replace legal, settlement, taxation, valuation or technical professionals.

Frequently asked questions